West Branch Truck Accident Injury Attorneys

Across the broad highway systems, trucking accidents can cause considerable disruption, frequently resulting in serious injuries for those involved. In these tumultuous times, trucking injury lawyers serve as unwavering supporters, providing guidance and assistance to survivors. These legal professionals are adept at navigating the complex landscape of trucking regulations.

When a Delivery Driver Causes a Commercial Truck Accident

Commercial vehicle accidents, including those involving delivery trucks, often result in serious injuries due to the size and weight of the vehicles. Understanding liability and how to pursue recovery is crucial if you’ve been involved in such an accident in Iowa.

Who’s Liable for a Car Accident Caused by a Commercial Driver?

Liability typically falls on either the driver or the company that owns the truck. Under the legal doctrine of respondeat superior, the employer is usually held liable for the actions of its employees while they are performing their job duties. However, if the driver is an independent contractor, they may be held liable instead of the company.

In some cases, liability might not rest with the driver or the company but with the manufacturer of a faulty truck part or the party responsible for improperly loading the cargo.

How to Prove Liability

To establish liability, you must prove negligence, which can include:

- Failure to inspect or maintain the vehicle
- Improperly loaded cargo
- Impaired driving
- Speeding or aggressive driving
- Failure to adhere to traffic laws

Negligence is defined as failing to act reasonably compared to what another person would do in the same situation. Be prepared for the trucking company to conduct its own investigation into the accident.

Truck Accident Insurance and the Importance of Conducting Accident Investigations

Truck accidents differ significantly from those involving only passenger cars, not only in the severity of injuries but also in the complexity of filing claims and proving negligence.

Reasons to Conduct a Truck Accident Investigation

Trucking companies have insurance providers who will aggressively defend their clients. Therefore, preserving and collecting evidence is crucial. Key evidence, such as employee records, maintenance logs, and hours of service records, often resides with the trucking company and can be difficult to obtain. To prevent evidence tampering or destruction, securing an attorney to send a spoliation letter to the trucking company is essential.

Why Hire an Iowa Personal Injury Attorney?

An attorney can protect your rights and ensure you do not inadvertently damage your claim. Insurance companies may request you to sign documents that could harm your case or offer settlements that are insufficient to cover long-term expenses. An attorney helps in proving the trucking company's negligence and securing a fair settlement. 

Should I Get a Car Accident Lawyer?

When considering whether to hire a car accident lawyer in Iowa, note the following:

1. No Up-front Fees: Attorneys typically work on a contingency fee basis, meaning you pay nothing upfront.
2. Contingency Fees: The lawyer is paid a percentage of the settlement if they win the case—usually 30% if it settles, 33.33% if litigated, and up to 40% if it goes to appeal.
3. Selective Case Acceptance: Quality lawyers take cases where they can significantly impact the compensation received.
4. Full-Service Representation: The attorney handles all interactions with insurance companies, obtains medical records, and keeps you informed.

Red Flags in Choosing a Lawyer

- Volume-based Firms: Some firms accept every case, providing less attention to each.
- Limited Service: If the lawyer asks you to gather your own medical records, consider finding another attorney.

Contacting Walker, Billingsley & Bair

At Walker, Billingsley & Bair, our team is committed to ensuring you receive the compensation you deserve. We handle all injury cases on a contingency fee basis and manage all necessary documentation and communications.

Walker, Billingsley & Bair is prepared to act fast to defend your rights after a truck accident in Iowa. Contact our office at 641-792-3595 to speak with an attorney.